Gregg v. Georgia ruled the death penalty is not cruel and unusual, but states are free to adopt standards higher than the federal standard and end capital punishment at a state level.

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Gregg v. Georgia (1976) upheld the constitutionality of the death penalty, ruling it was not per se cruel and unusual punishment under the Eighth Amendment. The decision also implies that while the federal standard allows for capital punishment, states have the autonomy to establish their own laws regarding the death penalty, including the option to abolish it within their jurisdiction.

Gregg V Georgia Ruled the Death Penalty Is Not Cruel and and Unusual